A federal appeals court ruled on Monday that transgender individuals already serving in the US military can remain, but blocked their enlistment. The divided decision by a three-judge panel of the US Court of Appeals for Washington DC is expected to be challenged by the government and may ultimately reach the Supreme Court.
Key Takeaways
An appeals court ruled that transgender individuals already serving in the US military can remain but blocked their enlistment. The divided decision by a three-judge panel of the US Court of Appeals for Washington DC found that banning transgender people from military service is illegal and arbitrary.
- Appeals court rules Pentagon policy illegally banned transgender troops from military service
- Current transgender service members can stay, but new recruits cannot enlist
- Decision upheld District Judge Ana Reyes' preliminary injunction issued in March 2025
- Defense Secretary Pete Hegseth indicated the administration intends to appeal
- President Trump posted 'See you at SCOTUS' on social media
Source Claims Check
1 Difference Found| Claim | Status | Reason | |
|---|---|---|---|
| Policy Implementation | 1 Difference | NPR reports policy driven by animus; other outlets report judges lack authority | ▼ |
| Court Ruling On Transgender Military Service | Broad Agreement | Appeals court blocks enlistment but allows current service members to stay |
The ruling was held from immediate effect, allowing time for an appeal. It represents a rebuke of Defense Secretary Pete Hegseth's implementation of President Trump's 2025 order mandating the removal of transgender service members. The court found that banning transgender people from military service is illegal and arbitrary.
The decision mostly upholds a preliminary injunction issued by District Judge Ana Reyes in March 2025, preventing the dismissal of six active-duty transgender plaintiffs. Hegseth indicated the administration intends to appeal, with Trump posting 'See you at SCOTUS' on social media. The policy disqualifies people with gender dysphoria from service.
Judge Robert Wilkins wrote that the policy appears driven by animus toward a politically unpopular group. Dissenting Judge Justin Walker argued that the judiciary lacks authority to determine military composition, a role reserved for Congress and the executive branch.
The majority opinion held that the Trump administration's policy was designed to exclude people from the military based on their gender identity. The ban remains in effect, as the U.S. Supreme Court allowed the Pentagon to start enforcing it last year while litigation continues. The appeals court panel's 2-1 decision partially upholds a March 2025 ruling by U.S. District Judge Ana Reyes in Washington, D.C., which concluded that Trump's executive order likely violates their constitutional rights.
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